Eviction Process

If a landlord wants to evict a tenant, they must give the tenant written notice they are ending the tenancy. The notice might be called an eviction notice, notice to vacate, notice to quit, notice to terminate residency, or something else.

The landlord can give the written notice to the tenant any of these ways:

• Hand-deliver it to them.
• Send it by first class mail to the tenant's last known address.
• Send it by certified mail.

9 V.S.A. § 4451(1).

The notice must:

• be in writing,
• include the reason (grounds) for the eviction, and
• include the date the tenant must move out – the termination date.

9 V.S.A. § 4467.

Length of Notice
The length of notice required before the end date depends on the reason (grounds) for ending the tenancy.   

• Vermont’s landlord-tenant statute (9 V.S.A. § 4467) lists the statewide notice requirements for different situations.
• There is a Summary of Notice Periods for Termination of Tenancy on the Champlain Valley Office of Economic Opportunity website. 
• Some cities and towns may require more notice. Check local laws.

Rentals which are part of state or federal subsidy programs such as Section 8 have additional requirements. 

Grounds for eviction and notice periods can be complicated. Consider talking to an attorney. See the Finding Legal Help web page for information about the ways to get the help of an attorney. 

If the tenant doesn’t do what the notice tells them to do by the deadline, the landlord can start an eviction case with the court.

• The person filing the court case is the plaintiff (the landlord).
• The person the case is filed against is the defendant (the tenant).

There is a window in which the case can be filed. The landlord must:

• wait until the termination date in the eviction notice has passed before filing a case.
• file the case within 60 days after the termination date listed on the eviction notice. If you miss the window, you will have to start the process again with a new eviction notice.

These are the documents needed to start an eviction case:

• An eviction complaint. This may sometimes be called complaint for ejectment, or action for ejectment, or something else.
• A copy of the lease, if there is one.
• A copy of the written termination notice given to the tenant.
• Declaration of Compliance with CARES Act (form 100-00031).

Rentals which are part of state or federal subsidy programs such as Section 8 have additional requirements. 

Eviction Complaint

The Vermont Judiciary does not have an eviction complaint form. A landlord can use the civil Complaint (form 100-00050) as a general template for what a complaint looks like.

At a minimum, the complaint should include the following information. Each piece of information should be listed as a separate numbered paragraph:

• The address of the property.
• The name of the tenant. If there is more than one tenant, list them all.
• The date the tenant began renting.
• Whether the rental agreement is written or oral.
• The rental amount and when payments are due.
• A description of any other parts of the agreement relevant to the claims.
• The grounds for the eviction.
• When and how the landlord gave the tenant the written termination notice.
• Any other information to support the claims.
• What the landlord is asking for. For example, an order evicting the tenant, an order to pay past-due rent, or something else.

The landlord also has the option of asking for a jury trial.

Drafting an eviction complaint can be complicated. Consider talking to an attorney. See the Finding Legal Help web page for information about the ways to get the help of an attorney. 

Filing the Eviction Complaint

The eviction complaint is filed in the Civil Division of the Superior Court in the county where the property is located.

The landlord should keep copies of all the documents they file. They will need one set for the tenant, and one set for their records.

Here are the steps in the process:

• The documents required to start an eviction case can be filed in person, by mail, and by email. See the Filing Procedures web page for more information about filing.
• There is a filing fee to start the case. The Application to Waive Filing Fees and Service Costs web page has information about the process to ask to waive the filing fee, and the form to make the request.
• The court will assign a case number (sometimes called a docket number), and will give the landlord a signed summons.

The landlord is responsible for arranging to have all of the documents filed with the court served on the tenant by a sheriff.

The landlord must provide these documents to be served on the tenant:

• Complaint, including any attachments filed such as:
  • A copy of the lease, if it is written.
  • A copy of the written termination notice given to the tenant.
• Summons signed by the court clerk or landlord’s attorney.
• Declaration of Compliance with CARES Act (form 100-00031).
• Blank Answer form.
• Blank Notice of Appearance for Self-Represented Litigant (form 100-00265).

There is a fee to have a sheriff or constable serve. The landlord can ask to have the service fee waived as part of a request to waive the filing fees. See the Application to Waive Filing Fees and Service Costs web page for information.

Once the sheriff serves the documents, they will send the landlord a document called Return of Service. It will list the documents the sheriff served and the amount they charged. The landlord must file the Return of Service with the court to prove the tenant was served.

If the tenant owes the landlord past-due rent, the landlord can ask the court to order the tenant to make rental payments to the court instead of to the landlord. The court will hold the payments until the case is done. 12 V.S.A. § 4853a.

Making the Request for Rent Escrow

The landlord can make the request by filing a Motion for Rent Escrow. This request is sometimes called a motion to pay rent into court, or motion for rent into court. The motion can be filed at the same time as the complaint, or sometime later in the case.

The Vermont Judiciary does not have a motion for rent escrow form. A landlord can use the general civil Motion (form 100-00053).

At a minimum, the motion should include the following information:

• A description of the agreement with the tenant about their duty to pay rent.
• When and how much rent the tenant has paid.
• When the last rent payment was made.
• How much the tenant is behind in rent

The court will schedule a hearing on the motion. The landlord must serve a copy of the motion, any supporting documents, and the notice of hearing on the tenant:

• If the tenant has not been served with any documents, the motion and notice of hearing must be served by the sheriff along with the complaint and other documents filed with the court to start the case.
• If the tenant has been served with the eviction complaint but has not yet filed an answer, the landlord must have the sheriff serve the motion and hearing notice on the tenant.
• If the tenant has been served with the eviction complaint and has filed an answer, the landlord may serve the motion by email (if they have consented to be served by email), mail, or hand delivery.

Responding to the Motion for Rent Escrow

If the tenant disagrees with the landlord’s request for rent escrow, they must file a written response at least 14 days before hearing on the motion. The response to a motion for rent escrow is separate from the written answer to the eviction complaint.

The tenant must get a copy of their written response to the landlord by the 14-day deadline. They can do that by email (if the other party agreed to service by email), or mail, or hand delivery.

The tenant must also file a Certificate of Service (form 600-00264) telling the court how they got a copy to the landlord.

The Vermont Judiciary does not have a specific form to respond to a motion for rent escrow. The tenant can use the general civil Response to Motion (form 100-00020).

The VTLawHelp website has information about some reasons a tenant may oppose a Motion for Rent Into Court on their Court Process: Steps in an Eviction Case web page under What is “Rent Into Court?” / You can oppose the motion.

Rent Escrow Hearing

Both parties should attend the rent escrow hearing. The Going to Court web page provides information about getting ready for a hearing.

• If the tenant doesn’t attend the hearing, the landlord can ask the court to move ahead with the hearing and issue the rent escrow order.
• If the landlord doesn’t attend the hearing, the court could dismiss the landlord’s motion. This does not dismiss the entire eviction case – just the motion for rent escrow.
• If the tenant received notice of the rent escrow hearing before their deadline to respond to (answer) the eviction complaint and they attend the rent escrow hearing, their new deadline to respond is 14 days after the rent escrow hearing. See the Responding to an eviction complaint section below for information about answering the complaint.
• An order to pay rent into escrow will be for rent owed since:
  • the eviction case was started, or
  • since the tenant was served with the eviction complaint,

whichever happens first. The order will not include amounts the landlord claims the tenant owed before either of those events. 

At the hearing, the judge will hear from both parties and make a decision about whether the tenant must pay rent to the court until the case is finished.

If the court orders the tenant to make payments, the order will say when the tenant must make payments, and the amount they must pay. If the tenant does not follow the order, the landlord is entitled to a judgment for immediate possession of the premises.

The court may issue a Writ of Possession, which is a court order returning the premises to the landlord. The Writ of Possession must be served on the tenant by a sheriff. The tenant must leave the premises in seven days.

The tenant generally has 21 days after being served with the eviction complaint to respond by filing a written answer with the court. If the tenant does not file a written answer to the complaint, the landlord can ask the court for a default judgment.

An answer may include affirmative defenses. An affirmative defense is a reason the landlord may not be able to evict the tenant or claim damages against them. If the tenant has any defenses, they should include them in their answer.

The VTLawHelp website has information about possible affirmative defenses on their Court Process: Steps in an Eviction Case web page under What Goes in the Tenant’s Answer / Include affirmative defenses.

The tenant also has the option of asking for a jury trial.

The tenant must get a copy of their written answer to the landlord by the deadline. They can do that by email (if the other party agreed to service by email), or mail, or hand delivery.

The Vermont Judiciary does not have an eviction answer form.

• A tenant can use the general civil Answer (form 100-00051) as a general template for what an answer looks like.
• The VTLawHelp website has an answer form, and instructions for completing their form.

The tenant must also file a Certificate of Service (form 600-00264) telling the court how they got a copy of their answer to the landlord.

Counterclaim

A counterclaim is a lawsuit filed by the tenant against the landlord within the original case.

The VTLawHelp website has information about possible counterclaims in an eviction case on their Court Process: Steps in an Eviction Case web page under What Goes in the Tenant’s Answer / The Answer could include counterclaims.

There is a filing fee for a counterclaim. The Application to Waive Filing Fees and Service Costs web page has information about the process to ask to waive the filing fee, and the form to make the request.

The tenant must get a copy of their counterclaim to the landlord. They can do that by email (if the other party agreed to service by email), or mail, or hand delivery. The tenant must also file a Certificate of Service (form 600-00264) telling the court how they did that.

The Vermont Judiciary does not have an eviction counterclaim form. The VTLawHelp website has a counterclaim form.

Responding to a Counterclaim

If the tenant filed a counterclaim, the landlord must file a written response with the court within 21 days and get a copy of their response to the tenant. If the landlord does not file a written response to the counterclaim, the tenant can ask for a default judgment on their counterclaim.

Responding to a Motion for Rent Escrow

If the tenant owes the landlord past-due rent, the landlord can ask the court to order the tenant to make rental payments to the court instead of the landlord. The court will hold the payments until the case is done. 12 V.S.A. § 4853a.

See Motion for Rent Escrow / Responding to a Motion for Rent Escrow earlier on this page for more information.

Going to trial can be complicated. Consider talking to an attorney. See the Finding Legal Help web page for information about the ways to get the help of an attorney. 

• The VTLawHelp website has information about eviction trials on their Court Process: Steps in an Eviction Case web page under Before Trial and Going to Trial.
• The Going to Court web page has information about getting ready for a trial.

At the eviction trial, the judge will hear from both parties, consider any evidence presented, and will decide:

• Whether the tenant can be evicted.
• Whether the tenant owes money to the landlord.
• Whether the landlord owes money to the tenant.
• Any other issues either party raised.

The judge may make their decision at the end of the trial, or sometime later. The court will send a copy of written decision to the parties.

The parties must notify the court and the other party – in writing – about any changes to their contact information. A party who doesn’t update their information may miss important court notices and other papers.

Parties can use the Notice of Name Change or Change of Address (form 600-00846) to update their information any time it changes. The form can be found in the Forms section at the bottom of this web page.

Appeal

If either party feels the judge made a legal mistake in their decision, they may file an appeal with the Vermont Supreme Court. The forms to file an appeal can be found in the Forms section at the bottom of this web page.

If the judge decides the tenant can be evicted, they will issue a court order called a Writ of Possession, which returns possession of the property to the landlord. The landlord must have a sheriff serve the Writ of Possession on the tenant.

Once the tenant is served with the writ, they must move out within 14 days. If the tenant hasn’t moved out by the deadline, the sheriff can enforce the writ by forcibly removing the tenant.

If the tenant is served with a Writ of Possession because they missed a rent escrow payment, the deadline to move out is shorter: 7 days after being served instead of 14 days. If the tenant is evicted this way, there will still be a trial if there were claims for money owed.

A Writ of Possession is only effective for 60 days after it is issued. If the landlord does not have the tenant served within that timeframe, the Writ is no longer in effect.

12 V.S.A. § 4854.

Security Deposits

The VTLawHelp website has information about Security Deposits, including a Security Deposit Roadmap.

What can a security deposit be used for?

The landlord can use the security deposit for:

• Unpaid rent.
• Damage to the property beyond normal wear and tear.
• Unpaid utility bills.
• Cost to remove belongings the tenant left behind.

After deducting any of these expenses, the landlord must return the rest of the security deposit and provide an itemized list of deductions to the tenant.

If the amount of the security deposit does not cover all of the items listed above, the landlord can pursue more payment from the tenant. The landlord can do this as part of the eviction case if it’s still pending, or they can file a separate small claims case.

What is the landlord’s deadline to return the security deposit?

The landlord must return the tenant’s security deposit within 14 days after the tenant moves out or they discover the tenant has moved. The security deposit can be returned by mail or hand delivery.

If the landlord keeps any part of the security deposit, they must provide the tenant a written itemized list of the deductions within 14 days after the tenant moves out. The letter and refund must be sent or hand delivered to the tenant's last known address.

The tenant should be sure to give the court and the landlord their updated contact information in writing. The tenant can use the Notice of Name Change or Change of Address (form 600-00846) to update their information. The form can be found in the Forms section at the bottom of this web page.

Some cities and towns have additional requirements relating to security deposits. Check local laws. For example, Brattleboro and Burlington have additional laws related to security deposits:

• Brattleboro Code of Ordinances 8-71 through 8-75
• Burlington Code of Ordinances 18-120

What if the landlord doesn’t return the security deposit or provide an itemized list of deductions?

If the landlord does not return the security deposit and provide an itemized list of deductions to the tenant by the deadline, they give up the right to keep any of the security deposit.

If the landlord fails to return the security deposit and provide the itemized list of deductions, they may be liable for double the amount wrongfully withheld and reasonable attorney’s fees and costs.

A tenant can file a small claims case against their former landlord if they believe the landlord wrongfully withheld their security deposit. The tenant can sue for up to $10,000 in a small claims case. If the tenant wants to sue for more than $10,000, they can file a general civil case.  

(Security deposits generally: 9 V.S.A. § 4461)

Tenant's Belongings

The landlord may dispose of any belongings remaining on the property on whichever of these dates is later:

• 15 days after the writ of possession is served.
• When the landlord legally retakes possession.

12 V.S.A. § 4854a.

This web page does not cover evictions in mobile home parks. Please see these resources:

• Vermont’s laws about mobile home parks are found in Title 10, Chapter 153 of the Vermont Statutes.
• VTLawHelp’s Mobile Home Parks web page provides information for those who own their mobile home and live in a mobile home park.
• Champlain Valley Office of Economic Opportunity’s Mobile Home Park Rights & Resources web page has information for mobile home park residents.
• The Vermont Agency of Commerce and Community Development’s Mobile Home Parks web page provides information for residents and owners of mobile home parks.

• Vermont’s landlord-tenant laws can be found in Title 9, Chapter 137 and  Title 12, Chapter 169 of the Vermont Statutes.
• The Vermont Landlord Association offers a mediation program if tenants meet income restrictions. The cost of the mediation is covered up to $3,000. The grant-funded program is available through June 30, 2025.
• Information for landlords is available on the Vermont Landlord Association web page.
• Information for renters is available on VTLawHelp’s Landlord / Tenant web page. 
• The Champlain Valley Office of Economic Opportunity’s Vermont Tenants Rights & Resources web page provides information about tenants rights and resources. They also have a hotline to answer questions about tenants rights and responsibilities, habitability issues, and other concerns.
• The Champlain Valley Office of Economic Opportunity provides Renters’ Workshops and Interpreted Videos.
• Vermont Legal Aid helps qualified tenants with legal issues related to housing such as accessibility, discrimination, evictions, unsafe housing conditions, and subsidized housing issues. Call 1-800-889-2047 or fill out their online Legal Help Request Form.
• Legal Services Vermont hosts clinics in Addison, Chittenden, Rutland, and Washington counties to help tenants on the day of their rent escrow hearing. Clinics are held in person, by phone, or by WebEx, depending on court operations. See the Help from Attorneys section of the Finding Legal Help web page for the clinic schedule.
• The Agency of Commerce and Community Development provides Landlord Tenant Education Materials on their website.